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Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
.... against said parallel line but that was of no avail. It became difficult for the assessee to run business. The Assessee company was put to the dilemma whether to stop the business running at loss or hand over the same to WAPDA which was willing to purchase the same. In the circumstances the asses......4 under section 66 of the Income Tax Act. 2. The appellant, namely, Comilla Electric Supply Ltd. has been carrying on the business of generating and supply of electricity under a licence from the Government in the town of Comilla. The appellant carried on business upto 31-8-63. Thereafter the t......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....e date of the suit. And thus the prayer for interest from date of the suit was allowed by the court and that concludes the matter………………(15 & 16) Cases Referred to— Seth Manakchand, AIR 1944 Privy Council 46; AIR 1924 Madras 102; AIR 1931 Madras 650; AIR 1940 Madras 29. La...... the interest so fixed. The other case cited by Mr. Hossain is AIR 1940 Madras 29 which says that even if the decree-holder ought to have had further interest granted to him and this was accidentally overlooked the Court cannot in face of the provision of section 34(2) C.P.C rectify the omission. In......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
....ed was transferred to the Satkania Primary School soon thereafter. He stated in cross-examination that the signature reading "Moslemuddin" in page 11 of the Relief Register does not seem to be in the hand of accused Moslemuddin". P.W.5 Md. Abdur Rahim is an Assistant attached to the office of the ......ondent Judgment October 25, 1989. Result: The appeal is allowed. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the order into evidence simply a...... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ..Category: Anti-Corruption Laws | Date: | Hits: 125
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
.... AIR 1973 S.C. 552; AIR 1975 Allahabad 202; AIR 1976 Punjab 279; AIR 1971 (SC) 306, AIR 1978 Mad. 201; AIR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. Government of Bangladesh, 1984 BLD (AD) ...... Case is also Reported in: 42 DLR (AD) (1990) 91. ......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ght against defendant No. 1 and no relief had been prayed for as against the Deputy Commissioner pro forma defendant. 4. The learned Judge found no evidence to show that the suit premises was ever handed over to the Law Department or that it vested in the Law Ministry. At the longest plaintiff cl......intiff-appellant, who is a judicial officer. 2. The plaintiffs case was that the suit premises was the official residence of the District Judge, Noakhali since the British regime and it was made over to the then Department of Law of the Government of Bengal. After partition it was the officia......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..Category: Property Law | Date: | Hits: 30
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
.... for their 7/15th share in the homestead land by maintaining the existing possession of co-sharers as far as possible causing least disturbance to other co-sharers in possession. 8. On the other hand, the respondents submit that the tower appellate Court's finding that defendant No. 1 was no ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ly and they were friends. There does not appear to be any reasonable suggestion as to what might have prompted the respondents to commit a deliberate act of murder. It was suggested, on the other hand, by the defence that P.W. 1 and other witnesses had trouble over different matters with the res......t the local police station naming the respondents as the persons who had called away Motahar from his house, that in the afternoon the dead body of Motahar was found in Dewarbhaga Khal and, on recovery thereof, was identified by his brother (P.W. 1), and that following police investigation the r......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....ouncil 227; Safdar Ali V. Crown 5 DLR 107; Taleb v. State, 19 DLR (SC) 134; Abdur Rashid V. State, 14 DLR SC 263; Ghulam Mohammad v. Md. Sharif and the State, 21 DLR SC 206; Abdur Rashid Khondkar v. Chandu Master and others, 16 DLR (SC) 605; Mohiuddin A. Quader v. Emperor (1903) ILR, Mad. 238; Devi ...... witnesses at the place of occurrence does not seem to be anything unusual. The evidence of an eye-witness cannot be disbelieved on the ground of omission of any fact deposed by him in the F.I.R. Moreover evidence of eye-witness have been corroborated by a disinterested witness. So such evidence of ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....erest of the original tenant has not been determined. No case has been made out that the defendant Nos. 1 and 2, the original tenants, have transferred their interest to defendant No. 3. On the other hand, their own case is that since May, 1972 they have taken defendant No. 3 as partner in their com......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....rred in holding that the appellant was a trespasser and further rejecting the order of temporary injunction upon such erroneous view. The learned advocate-on-record for respondent No. 1, on the other hand, submitted that the plaintiff having already transferred the land in favour of his brothers eve......ivil Revision Case No. 325 of 1984.) Judgment A.T.M. Afzal J.-In this appeal by leave by the plaintiff-appellant the point for consideration is whether the High Court Division was justified in overturning an order of temporary injunction granted by the First Appellate Court. 2. Material fa......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......the Returning Officer has been done without lawful authority and is of no legal effect and declaring further that the appellant is disqualified within the meaning of section 7 (2) (g) of the Local Government (Union Parishads) Ordinance, 1983 (hereafter referred to as the Ordinance) and as such h......’s case that in the loan agreement between the loanee and the Bank, there is a provision for renewal of the period of loan in respect of working capital (চলতি মূলধন) for effective management and smooth functioning of the project itself and under the provision aforesaid the appe..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....ase is also reported in: 42 DLR (AD) (1990) 03. ....... corresponding to 21st March, 1982 when she was going to the latrine she saw accused Mir Ali Khandakar (appellant No. 5), the uncle of her husband, damaging her husband's kaun crop by ploughing it over. That land, appertaining to plot No. 6 of Bogar bhita Mouja, was purchased by her husband's fat......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....onviction and sentence. Criminal Appeal No.8 of 1977 was preferred by the complainant Aijuddin Matbar and Criminal Appeal No.9 of 1976 was preferred by the State. 2. Briefly stated, Abdur Rashid Khandker, a blind man being accompanied by his son Riton, P.W.7 was returning home from Habiganj ‘h......est. He further submitted that the omission as regards the name and the person who caused this injury does not disprove the injury on the neck caused by the chendao blow of the respondent No.1. Moreover, there is evidence that after the chendao blow was inflicted on the neck of the deceased, Akkel......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....Vs. Habibullah and others……..…..Respondents Judgment February 6, 1980. Cases Referred to- Makhanlal Nag Vs. Reajaddin Sepal (1961) 13 DLR 323; Syed Abdul Karim Vs. Harendra Chandra Dhupi (1962) 14 DLR 847; Salimuddin Mondal Vs. Mahitosh Biswas (1962) 14 DLR 796; Brojendra C...... land transferred, particularly, in view of the constitution of holding in this part of the country which generally does not form a compact block but consists of different parcels of land scattered over a field or fields in one or more villages. The Legislature could not have intended that contigu......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......uddin Hossain CJ
Fazle Munim J
Ruhul Islam J
KM Subhan J
Kazi Mokarram Hossain……..……Petitioner
Vs.
Secretary, Ministry of Cabinet Affairs, Establishment Division, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
L......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....his appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......llate Division (Criminal) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Latif Mirza..............Appellant Vs. Government of Bangladesh and other..............Respondents Judgment September 2, 1977. ...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....tate................................Respondent Judgment December 7, 1977. Cases Referred to- Adalat Vs. The Crown, 41 956; 8 DLR (FC) 69, PLD 1956 (FC) 171. Lawyers Involved: Khandaker Mahbubuddin Ahmad, Advocate instructed by A. Rab-11, Advocate-on-Record - For the Appellant......k of appreciation of the evidence and therefore, it is with the jurisdiction of the trial Court and the Court of appeal on fact, to deal with the question. No doubt there is certain rule of prudence governing the case of contradicting statements. It is first to be seen whether the alleged statement ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
....Mofazzal Hossain Sikder stated that on hearing hue and cry from the direction of the tubewell of the school, he rushed to the spot and found the deceased Shanu pressing the injury on the abdomen by hand and on enquiry Shanu reported that he had been stabbed by accused Enamul. Other P.Ws stated th......and P.W.2 Maksudur Rahman and others told him that Shanu was murdered by accused Enamul Haq. P.W.11, Dr. Habibur Rahman, Medical Officer, Sadar Hospital, and Patuakhali held post-mortem examination over the deadbody of deceased Shajahan @ Shanu brought and identified by constable No.396 Nazrul Is...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....ng the impugned judgment which is liable to be set aside in the facts and circumstances of the case. 5. Mr. MA Rouf, the learned Deputy Attorney-General appearing for the State, on the other hand, contended that the High Court Division considered the facts and circumstances of the cas......nformation report was lodged by one Mojibur Rahman Munshi on 8-12-2001 with the Bauphal Police Station, alleging, inter alia, that there was a long standing dispute and enmity with accused Nos. 1-9 over a landed property and on the date as mentioned above while Jabbar Munshi, a cousin of informa......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....uch as those documents have no force of law to be regarded as a decision of the Government. 12. Mr. TH Khan, the learned Senior Counsel appearing for the respondent, on the other hand, contended that the writ-petition is maintainable in the High Court Division beca......on No. 4134 of 2002). Judgment: Syed JR Mudassir Husain CJ.-This appeal, filed by the Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Establi......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
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